| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S082945
|
Pfau v. Hapkido
Police officer engaging in martial arts training assumes risk of injury.a |
Torts |
|
Dec. 3, 1999 | |
|
S078004
|
Pacific Gas and Electric Co. v. Public Utilities Commission
Review granted |
|
Dec. 3, 1999 | ||
|
S082257
|
In re Flannick on Discipline
Order |
|
Dec. 3, 1999 | ||
|
98-35116
|
Lyons v. Alaska Teamsters Employer Services Corp.
District court's remand order based solely on lack of subject matter jurisdiction is unreviewable by the appellate court. |
Civil Procedure |
|
Dec. 2, 1999 | |
|
97-17008
|
Morrow v. State Bar of California
First Amendment right of state bar members isn't violated by state bar conducting political activities beyond those for which mandatory financial support is justified. |
Attorneys |
|
Dec. 2, 1999 | |
|
S083288
|
Salazar v. Superior Court (People)
Order |
|
Dec. 2, 1999 | ||
|
S081555
|
In the Matter of the Suspension of Attorneys for Nonpayment of Dues
Order |
|
Dec. 2, 1999 | ||
|
S012261
|
People v. Alvarez
Order |
|
Dec. 2, 1999 | ||
|
98-1778
|
GMAC Mortgage Corp. v. Salisbury (In re Loloee)
Due process is denied when a lien priority dispute is resolved in a sale motion without an adversary proceeding. |
Bankruptcy |
|
Dec. 2, 1999 | |
|
B124055
|
Blasiar Inc. v. Firemans Fund Ins. Co.
Insurer is justified in not paying claim for property missing from inventory where there was no physical evidence of theft. |
Insurance |
|
Dec. 2, 1999 | |
|
G022836
|
People v. Andrews
To uphold conviction for threatening a judge, the judge must know of threat and reasonably fear for his or her safety. |
Criminal Law and Procedure |
|
Dec. 2, 1999 | |
|
S074251
|
People v. Coria
The manufacturer of methamphetamine must have knowledge of the character of the substance being manufactured before being convicted. |
Criminal Law and Procedure |
|
Dec. 2, 1999 | |
|
B124801
|
People v. Norman
Stalking statute doesn't require victim's fear be contemporaneous with stalker's threats and harassment. |
Criminal Law and Procedure |
|
Dec. 2, 1999 | |
|
A082666
|
County of Solano v. Vallejo Redevelopment Agency
Redevelopment Agency's anticipatory breach of contract between agency and county to fund improvements in blighted neighborhood excuses county's performance of conditions precedent. |
Contracts |
|
Dec. 2, 1999 | |
|
D032327
|
Bauer v. City of San Diego
Evidentiary hearing required before deeming 60-day license suspension a substantial change in business so as to terminate licensee's grandfathered rights. |
Administrative Agencies |
|
Dec. 2, 1999 | |
|
A083127
|
AL Holding Co. v. O' Brien & Hicks Inc.
Failure to raise cause of action regarding amount due on an open book account in a compulsory cross-complaint justifies dismissal of case. |
Civil Procedure |
|
Dec. 2, 1999 | |
|
A083415, A084708, and A084738
|
Kerollis v. DMV
Amount of alcohol in person's blood may be expressed by the breath-alcohol level, instead of the blood-alcohol concentration. |
Criminal Law and Procedure |
|
Dec. 2, 1999 | |
|
A085018
|
Fairbank v. City of Mill Valley
Proposed 5,885 square-foot retail and office building is exempt from California Environmental Quality Act Guidelines. |
Environmental Law |
|
Dec. 2, 1999 | |
|
98-15063
|
Estate of Brooks v. United States
County isn't liable for failing to promptly bring a detainee before a federal judicial officer. |
Prisoners Rights |
|
Dec. 2, 1999 | |
|
98-16482
|
Kelly v. City of Oakland
Claim for quid pro quo sexual harassment supports same-sex harassment case filed before same-sex 'hostile environment' harassment was federally recognized. |
Employment Law |
|
Dec. 2, 1999 | |
|
98-1689
|
Yaden v. Robinson (In re Robinson)
Oregon law, limiting garnishment of earnings, serves as an exemption statute in bankruptcy. |
Bankruptcy |
|
Dec. 2, 1999 | |
|
98-1674
|
Missoula Federal Credit Union v. Reinertson (In re Reinertson)
Order approving reaffirmation agreement cannot be vacated where debtors missed the one-year cutoff for seeking relief from judgment. |
Bankruptcy |
|
Dec. 2, 1999 | |
|
98-1938
|
United Student Aid Funds Inc. v. Nascimento (In re Nascimento)
Discharge of student loan debt is improper where debtor didn't prove she was living at minimal standard or was unable to repay loans. |
Bankruptcy |
|
Dec. 2, 1999 | |
|
B123957
|
Darling, Hall & Rae v. Kritt
The trial court may, by its own motion, reconsider a summary judgment motion it previously ruled upon. |
Civil Procedure |
|
Dec. 2, 1999 | |
|
98-50347 and 98-50305
|
U.S. v. Lombera-Camorlinga
Order |
|
Dec. 2, 1999 | ||
|
F028684 and F031054
|
People v. Rains
Doctors' testimony regarding result of a 'true' finding against a sexually violent predator isn't improper, unless it results in miscarriage of justice. |
Criminal Law and Procedure |
|
Dec. 2, 1999 | |
|
C029428
|
Sacramento Brewing Co. v. Desmond, Miller & Desmond
Erroneous labeling of debtor in bankruptcy case, which defames misidentified debtor, is covered by the litigation privilege. |
Torts |
|
Dec. 2, 1999 | |
|
A084485
|
Wilson v. State Board of Education (California Network of Educational Charters)
Charter schools are part of the public school system, and may spend public appropriations. |
Administrative Agencies |
|
Dec. 2, 1999 | |
|
A083712
|
People v. Roundtree
Continued sexual intercourse against a person's will is rape, even if initial penetration was consensual. |
Criminal Law and Procedure |
|
Dec. 2, 1999 | |
|
G022836
|
People v. Andrews
To uphold conviction for threatening a judge, the judge must know of threat and reasonably fear for his or her safety. |
Criminal Law and Procedure |
|
Dec. 2, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com